Ridgecrest Municipal Code Art. V Public Improvements

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State Law reference— Improvements generally, Government Code § 66473.1 et seq.

(a) The subdivider shall improve, or agree to improve, all streets, highways or ways in or adjacent to the subdivision. The necessary improvements shall be made within the street right-of-way between the property line and the center of the street. Improvements shall be installed to permanent line and grade in accordance with standard subdivision improvements specification of the city on file with the city engineer. The minimum improvements which the subdivider shall make, or agree to make at the cost of the subdivider, prior to acceptance and approval of the final subdivision map by the city council, shall be:

(1) Grading, concrete curbs and gutters, driveways, cross gutters, drainage and drainage structures necessary to the proper use and drainage of streets, highways and ways or to the public safety.

(2) Street pavement and base of a thickness determined by the city engineer in conformance with the standard city specifications.

(3) Concrete sidewalks not less than five feet wide and four inches thick, provided that the city council may make an exception to this provision where topographical conditions make the installation of sidewalks impractical. The city council may require sidewalk for the entire width of the parkway along major or secondary streets and for streets abutting commercial or industrial zoned land.

(4) Fire hydrants of a size and at the location designated by the Indian Wells Valley Water District and the county fire department.

(5) Sanitary sewer facilities and connections for each lot.

(6) Services from public utilities and sanitary sewers for each lot in such manner as will obviate the necessity for disturbing the street pavement, gutter, culvert and curb when service connections are made.

(7) A street lighting system of type approved by city engineer.

(8) Street name signs at all street intersections. The subdivider shall bear the total expense incurred by the city in purchasing and installing all required street name signs.

(9) Traffic islands where they are required to control the movement of traffic.

(10) Barricades and reflectors along the ends of all dead-end streets other than cul-de-sacs and at the ends of culverts and other dangerous areas.

(11) Installation or relocation of traffic signals, traffic signs, safety lighting and safety devices where required by the city engineer.

(12) Easements or land dedicated to the city for park and recreation purposes shall be improved with sidewalks, rough grading, curbs and gutters, and adequate provisions for service to the proposed park site of all necessary utilities.

(13) Other improvements where deemed necessary by the planning commission for the public health, safety, or welfare.

(b) The subdivider shall perform all work required by the city engineer or building official in connection with the demolition, moving, altering or conversion of any structure or facility, including underground structures either wholly or partially within the subdivision or affected thereby.

(Code 1980, § 19-7.1; Ord. No. 87-01, § 45)

Plans, profiles and specifications of proposed improvements shall be furnished to the city engineer prior to the time of submitting the final map to him. Such plans and profiles shall show full details of the proposed improvements which shall be according to the standards of the city. Plan check fees shall be as established by resolution of the city council.

(Code 1980, § 19-7.2; Ord. No. 87-01, § 46)

The subdivider shall be required to submit grading plans which shall incorporate all requirements of chapter 16, and the provisions of this chapter. Also the subdivider shall furnish all geological and soil test data as may be required by the city engineer and building official.

(Code 1980, § 19-7.3; Ord. No. 87-01, § 47)

If the required improvement work is not completed satisfactorily before the final map is approved, the owner of the subdivision shall, immediately upon approval and before the certification of the final map by the city, enter as contractor into an agreement with the city council whereby, in consideration of the acceptance by the city council of streets and easements offered for dedication, the contractor agrees to complete the work within the time specified in the agreement.

(Code 1980, § 19-7.4; Ord. No. 87-01, § 48)

To ensure the city that this work will be completed and lien holders paid, an improvement security shall be furnished guaranteeing faithful performance, and guaranteeing payment for labor and materials. The amount of such improvement security shall be determined by the city engineer and approved by the city council as to the amount and adequacy. Improvement security as used in this section means one or a combination of the following:

(1) Bond by one or more duly authorized corporate sureties.

(2) A deposit, either with the city or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public monies.

(3) An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

(4) A lien upon the property to be divided, created by contract between the owner and the city, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.

(5) Any form of security, including security interests in real property, which is acceptable to the city and specified by ordinance.

(Code 1980, § 19-7.5; Ord. No. 87-01, § 49)

State Law reference— Improvement security, Government Code § 66499 et seq.

Upon the failure of a subdivider to complete all improvement within the time specified in an agreement or extension thereof, the council may, upon notice in writing of not less than 20 days served by registered mail, addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the city such portion of said sum of money or bonds given for the faithful performance of said work as may be necessary to complete such work.

(Code 1980, § 19-7.6; Ord. No. 87-01, § 50)

It shall be the duty of the city engineer to inspect all improvements installed and monuments set as to their compliance with this chapter and city standards. No sum of money or bonds given for faithful performance of such work shall be exonerated from the agreements referred to herein until and unless the city engineer certifies compliance thereto.

(Code 1980, § 19-7.7; Ord. No. 87-01, § 51)

Utility lines, including, but not limited to, electric, communications, street lighting and cable television shall be required to be placed underground. The subdivider is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this section, appurtenances and associated equipment, such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground. The commission may waive the requirements of this section if topographical, soil or any other conditions make such underground installations unreasonable. This section shall not apply to existing utility lines which do not provide service to the subdivision being developed.

(Code 1980, § 19-7.8; Ord. No. 87-01, § 52)

The party requesting approval of a parcel map shall be required to improve all streets, highways or ways in and adjacent to the parcel map as required by the planning commission's conditions of approval of the tentative parcel map, and in accordance with the standard subdivision improvement specifications of the city on file with the city engineer. The improvements which may be required by the planning commission prior to final approval of the parcel map are:

(1) Grading, concrete curbs and gutters, driveways, cross gutters, drainage and drainage structures necessary to the proper use and drainage of streets, highways and ways or to the public safety.

(2) Street pavement and base of a thickness determined by the city engineer in conformance with the standard city specifications.

(3) Concrete sidewalks not less than five feet wide and four inches thick.

(4) Sanitary sewer facilities and connections for each lot.

(5) Services from public utilities and sanitary sewers made available for each lot in such manner as will obviate the necessity for disturbing the street pavement, gutter, culvert and curb when service connections are made.

(6) Fire hydrants of a size, and at the location designated by the Indian Wells Valley Water District and the county fire department.

(7) A street lighting system of type approved by city engineer.

(8) Street name signs at all street intersections. The owner shall bear the total expense incurred by the city in purchasing and installing all required street name signs.

(Code 1980, § 19-7.9; Ord. No. 87-01, § 53)

Plan, profiles and specifications shall be furnished to the city engineer prior to approval of the parcel map.

(Code 1980, § 19-7.10; Ord. No. 87-01, § 54)

Where under the provisions of Government Code § 66411.1 improvements may not be required to be installed until such time as a grant of a development or approval is issued, fulfillment of the improvement requirements of this chapter shall be the obligation of the person requesting development approval rather than obligation of the subdivider. The planning commission may require fulfillment of improvements within a reasonable time following approval of the parcel map and prior to the issuance of a permit with the finding that fulfillment of the construction requirements is necessary for reasons of:

(1) Public health and safety; and

(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

(Code 1980, § 19-7.11; Ord. No. 87-01, § 55)

To ensure the city that this work will be completed and lien holders paid, an improvement security shall be furnished guaranteeing faithful performance and guaranteeing payment for labor and materials. The amount of such improvement security shall be determined by the city engineer and may be one or a combination of the following:

(1) Bond by one or more duly authorized corporate sureties.

(2) A deposit, either with the city or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public monies.

(3) An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

(4) A lien upon the property to be divided, created by contract between the owner and the city, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.

(5) Any form of security, including security interests in real property, which is acceptable to the city and specified by ordinance.

(Code 1980, § 19-7.12; Ord. No. 87-01, § 56)

State Law reference— Improvement security, Government Code § 66499 et seq.

Upon the failure of an owner to complete all improvements within the time specified in an agreement or extension thereof, the council may, upon notice in writing of less than 20 days served by registered mail, addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work, or any part thereof, is uncompleted and may cause to be forfeited to the city such portion of said sum of money or bonds given for the faithful performance of said work as may be necessary to complete such work.

(Code 1980, § 19-7.13; Ord. No. 87-01, § 57)

Utility lines, including, but not limited to, electric, communications, street lighting and cable television shall be required to be placed underground. The owner is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this section, appurtenances and associated equipment, such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground. The planning commission may waive the requirements of this section if topographical, soil or other conditions make such underground installation unreasonable. This section shall not apply to existing utility lines which do not provide service to the property being developed.

(Code 1980, § 19-7.14; Ord. No. 87-01, § 58)